April 30, 2014

Taking strict cognizance of keeping an ailing undertrial in handcuffs/ chained in the hospital, The High Court of H.P. today directed the Chief Secretary of the State, Director General of Police, the S.P., Sirmour and the concerned escort Policemen to appear in person before the Court on May 6.

Vijyender Sharma
SHIMLA-----Taking strict cognizance of keeping an ailing undertrial in handcuffs/ chained in the hospital, The High Court of H.P. today directed the Chief Secretary of the State, Director General of Police, the S.P., Sirmour and the concerned escort Policemen to appear in person before the Court on May 6.

            Taking suo moto cognizance of the note of the Registrar (Judicial) of the High Court, the Division Bench comprising Acting Chief Justice Mansoor Ahmad Mir and Justice Tarlok Chauhan said that it was a violation of the Supreme Court and this High Court’s directions as it amounted to taking away the rights guaranteed to the detenue by the Constitution.

            The Registrar (Judicial) of the High Court Sh. K.S. Chandel was visiting the Indira Gandhi Medical College & Hospital, when he noticed the under trial, undergoing treatment for skin disease, chained to his bed. Upon inquiry, he it was told that he was handcuffed/chained on the orders of the Head Constable. The Registrar (Judicial) reported the matter to the Court with photographs.

            The Court also issued Show Cause Notice to the Chief Secretary of the State, Director General of Police,  S.P., Sirmour and the concerned escort Policemen as to why penal action be not taken against them for violation of Apex Court’s directions, for dereliction of duty and for taking away the rights guranteed to the detenues.

            The Court also directed the DGP to draw departmental inquiry against the concerned Head Constable and the escort Policemen, who were deployed on duty at relevant point of time. The Court posted the matter for May 6.

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